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Special Prosecutor Ordered For Camm Trial

The Indiana Court of Appeals has ruled that a special prosecutor should be appointed in the David Camm case.

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The ruling said prosecutor Keith Henderson established a personal agenda to write a book and to ensure Camm is prosecuted.

Camm is accused of fatally shooting his wife, Kimberly Camm, and their children -- 5-year-old Jill and 7-year-old Bradley -- at the family's home near Georgetown in 2000.

Juries have twice convicted Camm on murder charges. Both convictions were reversed on appeal.

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Henderson signed a book deal to write about the case before David Camm's second conviction was overturned.

Indiana's deputy attorney general argued there is no conflict because Henderson no longer has a contract with the publisher.

?We?re a little disappointed with the appellate court ruling, but were not surprised by it,? said Frank Renn, Kim Camm?s father.

"It's been a long time coming. We've got what we want,? said Sam Lockhart, David Camm?s uncle.

A special judge had already denied the request for a new prosecutor, but the defense took it to the higher court.

?With a prosecutor with a bias, that wouldn't give us a fair trial,? Lockhart said.

David Camm's lawyers said Henderson's contract for a book, tentatively called "Sacred Trust: Deadly Betrayal," was signed after the second trial and conviction.

When that conviction was overturned, Henderson was faced with prosecuting the third trial, which Camm's lawyers saw as a conflict of interest.

Henderson said the book was on hold. However, Tuesday's decision cites his own words regarding his intent for a book deal with co-author Damon DiMarco.

It states, ?I am committed to writing the book, as is Damon. A tremendous amount of work has been done to this point. It's a great story that needs to be told."

Three appellate judges agreed Henderson's loyalties were divided between his duties and his personal interest, saying, "Henderson's own words are evidence of that agenda."

?If somebody wants to be a prosecutor, that's good. If you want to write books, that's good. But the court of appeals has ruled you can't do both,? said David Camm?s attorney, Richard Kammen.

While David Camm's family and lawyers are pleased, Kim Camm?s parents are not.

"It's a little bit of a setback, but we'll go forward. It's been going on for 11 years now. No telling how much longer it's going to go, but we'll fight through it,? Renn said.

The Floyd County prosecutor's office released a statement regarding to Henderson's removal from the case:

?Prosecutor Keith Henderson is reviewing the Court of Appeals reversal and finding for special prosecutor in the David Camm case. He will confer with Indiana Attorney General Greg Zoeller, who represents the State in this matter, and will address the Court of Appeals ruling later in the week.?

David Camm's attorneys said the special prosecutor will most likely be appointed by the Indiana Supreme Court. He or she will likely be an attorney or former prosecutor not from Floyd County.

If Henderson appeals the decision, it could be months before the third trial begins.